A Guide for Employers to Implementing a Continuous Screening Program

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Continuous Screening
Guidance For Employers
Presented by: W.Barry Nixon

Presented By
W.Barry Nixon
Managing Partner, Infinity Screening Consulting Services
1(949)770-5264
Barry@InfinityScreening.com
www.InfinityScreening.com
Disclaimer:
No statements in this presentation should be considered legal advice. All
recommendations are general in nature and should not be implemented without legal
counsel or specific expert consultation regarding a specific situation.

What Is Continuous Screening?
Continuous Screening is the post hire
continuous or on-going background
screening of current employees

The Journey To Continuous Screening
Technology has fueled a new era of post hire screening making many types of screening and
monitoring possible on a continuous basis.
Driving records use to be checked annually, now they can be checked daily with a direct feed
from DMV.

Why Should Firms Conduct Post Hire Screening?
Better Manage Risk
Better Information equals Better Decisions
Fiduciary Responsibility to
protect assets of the business
Avoid Workplace Violence
Avoid Negligent Hiring issues
Compliance with Legal
Requirements
Better Manage Reputational Risk
Reduce Fraud
Reduce identity, property
and intellectual theft

The Enemy From Within
01
Companies lose an estimated 5 percent of their
revenues annually to employee based fraud ,
according to the Association of Certified Fraud
Examiners.
03
In the United States, the average cost of a data
breach increased from $7.91 million in 2018 to
$8.19 million in 2019
02
According to the National Retail Federation $50
billion annually is lost to theft. Shoplifting
accounts for most (36.5%) of those losses of which
33.2 % was attributable to internal theft
04
‘Gigabyte Gangs’ are placing people in jobs that
have access to sensitive information for the
specific purpose to steal it.

Qualification Fraud
A survey in 2020 by Checkster showed that 78% of
candidates who applied for or received a job offer
admit they did or would consider misrepresenting
themselves on their application.
According to HireRight's 2017 employment
screening benchmark report, 85 percent of
emplaoyers caught applicants fibbing on their
résumés or applications
FAKE
2020 © PreemploymentDirectory.com | Page 7

Negligent Hiring
According a Zurich Insurance white paper on
Negligent Hiring employers are usually on the
losing end of negligent hiring cases, losing about
75 percent of the time, and the average settlement
of such claims is $1 million.

Workplace Violence
 Every year, nearly 2 million U.S. workers will become
victims of workplace violence
 Out of all 7 possible causes of death at the workplace,
homicides make up 9%
 The third leading cause of death for workers in the
healthcare and professional services industries
(education, law and media) is due to workplace
violence
 For women, workplace violence is the second leading
cause of death while on the job
 30,000 rape or sexual assaults occur to women at work
each year

Terrorist Threat
 The White House’s National Strategy for
Counterterrorism notes that domestic terrorism in the
United States is on the rise.
 The Anti Defamation League found between 2009 and
2018 Acts of domestic terrorism went up in the U.S.

Better Management Of Risk
Pre-employment Screening Applicants Employees
Pre-Hire Capability Reduced Risk At Risk
Pre-Hire and Post-Hire Capability Reduced Risk Reduced Risk
Both Pre-employment and
Continuous Screening
Applicants Employees

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Fiduciary Responsibility To Protect Business’ Assets
Human Capital
Physical &
Technology Resources
Informational &
Intellectual Resources
Financial Resources

Implementation Steps: Overview
Phase 6
On Going
Communication
 Acknowledgement
and Consent form
 Initial announcement
 Annual
announcement
 Employee
Orientation
 Job Opening Posting
Step 4
Align with
Employee
Investigation
 Establish ‘Post
Incident’ events
 Legal investigative
procedures
 FACTA amendment
Step 3
Align with
Employee
Monitoring
 Clearly establish ‘No
Expectancy of
Privacy’
 Address ‘On and
Off’ duty behaviors
 FCRA compliant
Step 2
Define
Sensitive Jobs
 Define risk
associated with
specific jobs
 Incorporate into Job
Descriptions
 Make part of
Selection Criteria
 Establish oversight
of process
Step 1
Background
Screening Policy
 Define Management
Behaviors
 Provide clear
framework
 Provide on going
guidance for managers
 Consistent procedures
and communication to
employees
Human Resources Security/Loss Prevention Risk Management
Source: Infinity Screening Consulting Services

Infinity Screening Solutions: How We Help You
Policy Development
Using our vast experience and proprietary background screening policy software we help you create
a comprehensive policy that meets your business needs.
Develop Sensitive Job Criteria Process
We help you identify ‘risk’ associated with specific jobs, integrate with your hiring and selection
processes and establish an on-going procedure for assessing new positions as well as keeping
process current.
Align Internal Policies
Consult with you regarding creation of ‘no expectancy of privacy,’ On and Off Duty monitoring,
employee investigation and other relevant policies and ensure policies are congruent.
Communication Strategy & Employee Relations
Implementation of on-going communication strategy, identification of employee relations issues and
pre preparation to address, implementation of operational processes, training and event driven
consultation.

Background Screening Policy
Types of checks to be done
Consent
Define when screening will be conducted
Targeted positions, situations, events, etc.
Sensitive jobs Employee investigation procedures
Consistent with employee monitoring and
on/off duty behavior policies and practices
FCRA process
Training of hiring managers

Sensitive Jobs
Sensitive Jobs are typically the jobs that have the greatest potential to create liability or risk for the
organization because of the nature of the work being performed.
This includes jobs that:
 Deal directly with the public
 Require employees to go into people homes,
 Have contact with vulnerable populations
 Have access to sensitive information,
 Have broad access to premises
 Responsible for managing cash, valuable merchandise or financial matters
 Are in a position which yields considerable influence on the affairs of the
organization or have a significant responsibility for internal/external safety
and/or security such as security personnel, nurses, doctors, etc.

Timing Determines The Nature Of The Screening
Pre vs Post Incident
Pre Incident Screening
(employee monitoring)
Post Incident Screening
(employee investigation)

Pre Incident screening
 Change in job duties that warrant background check, e.g., promotion, transfer or significant expansion of job duties, etc. into work defined
as ‘Sensitive.’
 Legal requirements, e.g., commercial drivers/DOT, doctors, nurses, etc.
 Policy requirements, e.g., periodic credit checks on Financial Managers, periodic criminal checks for employees with wide access to facilities
or that deal with vulnerable populations (children, elderly, etc.)
Continuous Employee Screening

POST INCIDENT SCREENING
Employee Investigation
 Accident
 Suspicious Behavior
 Alleged Illegal Activity
 Part of a department investigation
 Inappropriate behavior while
‘On or Off’ duty
 Alleged Policy Violation

Important Implementation issue:
What happens when a negative hit occurs:
 Conduct an individual assessment
 Access to and retention of information issues
 Who needs to know and be involved in making a
determination?
 Determining appropriate action to take
 Conduct a Risk assessment

Improved Risk Management
Over The Employment Life Cycle
Continuous screening
positions a business
to make informed
decisions.
reduces the long-term
risk to which
a company may
be exposed.
deals with the ‘real’
risk created by
employees over their
employment life cycle
with a firm.
Pre-employment
screening reduces the
risk of making
a ‘bad hire.’
focuses on preventing
bad things from
happening (prevention
versus reaction.)

Employment Life Cycle New Hire
Risk
Management
New Hire Retirement

Informed Decision Making
“Perhaps the single most important ingredient necessary to
make good decisions is to have high quality information.”
Continuous Screening provides you with valuable information that positions you to be
able to make the best possible decisions about employment actions that could mitigate
risk to the enterprise.

Resources
 Continuous Screening Resource Center: www.PreemploymentDirectory.com
 A Guide For Employers to Implement a Continuous Screening Program
(a guide for HR and Hiring Managers)
 Continuous Screening Article Library
 Infinity Screening: Never Ending Background Screening, Chapter 8; Background Screening &
Investigations: Managing Hiring Risk from HR and Security Perspective
 LinkedIn Group: Continuous Screening, Post Hire Screening, and Infinity Screening
Infinity Screening Consulting Services
1-949-770-5264
Barry@InfinityScreening.com

Disclaimer
No statements in this presentation should be considered legal advice. All recommendations are general in
nature and should not be implemented without legal counsel or specific expert consultation regarding a
specific situation.
Copyright
This entire presentation is copyrighted material owned by PreemploymentDirectory.com. No part of this
information may be duplicated without written permission from the COO of Preemployment Directory.com

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